senate Bill S877

Creates process for local disciplinary actions against assessors

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Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 07 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1218
  • 21 / Jun / 2013
    • SUBSTITUTED BY A4070

Summary

Creates a process for local disciplinary actions against assessors.

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Bill Details

See Assembly Version of this Bill:
A4070
Versions:
S877
Legislative Cycle:
2013-2014
Law Section:
Real Property Tax Law
Laws Affected:
Add §324, RPT L
Versions Introduced in 2011-2012 Legislative Cycle:
S3350A, A7369B

Votes

8
0
8
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S877

TITLE OF BILL:
An act
to amend the real property tax law, in relation to the process for local
disciplinary actions against assessors

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to allow assessors who have been
removed or subjected to local disciplinary action to appeal the
disciplinary decision to the Commissioner of the Department of
Taxation and Finance or his or her designee.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the Real Property Tax Law by adding a new section 324
to read as follows:

§ 324. Local disciplinary actions. An assessor may be removed from
office for just cause by the appointing. authority after a hearing
upon notice. A determination to remove an assessor or take other
disciplinary action as a result of the removal proceeding against an
assessor shall be subject to review by the commissioner or his or her
designee (CHHD) within the department upon application filed with the
department by the assessor within thirty days after receipt by him or
her of written notice of such determination. The review by the CHHD
within the department shall be based upon the record and a transcript
of the hearing held by the appointing authority and such oral or
written argument as may be presented to the CHHD within the
department by the parties to the proceeding. Upon completion of such
review the CHHD within the department shall affirm, reverse or modify
the determination of the appointing authority. The determination of
the CHHD within the department shall be subject to judicial review in
accordance with the provisions of article seventy-eight of the Civil
Practice Law and Rules.

Section 2: Effective date.

JUSTIFICATION:
This legislation allows for local assessors to appeal disciplinary
actions to the Commissioner of the Department of Taxation and
Finance, or his or her designee, if the assessor feels they have been
unfairly disciplined or removed. A fair review process is appropriate
and necessary, and this legislation reinstates the same.

PRIOR LEGISLATIVE HISTORY:

S.3350-A of 2012: Died in Senate Finance, Passed Assembly
S.3350 of 2011: Passed Senate, Died in Assembly Ways and Means

FISCAL IMPLICATIONS:
There are no fiscal implications with the enactment of this legislation.

EFFECTIVE DATE:
This act shall take effect immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   877

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  BONACIC, GRIFFO, LARKIN, RITCHIE, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Local Government

AN  ACT  to  amend the real property tax law, in relation to the process
  for local disciplinary actions against assessors

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 324 to read as follows:
  S 324. LOCAL DISCIPLINARY ACTIONS. AN ASSESSOR  MAY  BE  REMOVED  FROM
OFFICE  FOR  JUST CAUSE BY THE APPOINTING AUTHORITY AFTER A HEARING UPON
NOTICE. A DETERMINATION TO REMOVE AN ASSESSOR OR TAKE OTHER DISCIPLINARY
ACTION AS A RESULT OF THE REMOVAL PROCEEDING AGAINST AN  ASSESSOR  SHALL
BE  SUBJECT  TO REVIEW BY THE COMMISSIONER OR HIS OR HER DESIGNEE WITHIN
THE DEPARTMENT UPON APPLICATION FILED WITH THE DEPARTMENT BY THE  ASSES-
SOR  WITHIN THIRTY DAYS AFTER RECEIPT BY HIM OR HER OF WRITTEN NOTICE OF
SUCH DETERMINATION. THE REVIEW BY THE COMMISSIONER OR HIS OR HER  DESIG-
NEE  WITHIN  THE  DEPARTMENT  SHALL BE BASED UPON THE RECORD AND A TRAN-
SCRIPT OF THE HEARING HELD BY THE APPOINTING AUTHORITY AND SUCH ORAL  OR
WRITTEN  ARGUMENT  AS MAY BE PRESENTED TO THE COMMISSIONER OR HIS OR HER
DESIGNEE WITHIN THE DEPARTMENT BY THE PARTIES TO  THE  PROCEEDING.  UPON
COMPLETION OF SUCH REVIEW THE COMMISSIONER OR HIS OR HER DESIGNEE WITHIN
THE  DEPARTMENT SHALL AFFIRM, REVERSE OR MODIFY THE DETERMINATION OF THE
APPOINTING AUTHORITY. THE DETERMINATION OF THE COMMISSIONER  OR  HIS  OR
HER  DESIGNEE  WITHIN THE DEPARTMENT SHALL BE SUBJECT TO JUDICIAL REVIEW
IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE  CIVIL
PRACTICE LAW AND RULES.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03218-01-3

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